THE WEST BENGAL VALUE ADDED TAX ACT, 2003 NOTIFICATIONS
-

NOTIFICATION NO. 1331-F.T.- Dated 3rd August, 2006

In exercise of the power conferred by section 114 of the West Bengal Value Added Tax Act, 2003 (West Ben. XXXVII of 2003), the Governor is pleased hereby to make the following amendment in the West Bengal Value Added Tax Rules, 2005, as subsequently amended hereinafter referred to as the said

Amendment

In the said rules.-

(1) in CHAPTER VIII, in PART IV, in rule 44,-

(a) in sub-rule (2):

(i) for the words and figures "the Indian Companies Act, 1956", substitute the words and figures

"the Companies Act, 1956", and

(ii) for the words "along with his report and such annexure as may be necessary in support thereof, with a specific note regarding total purchase made from within West Bengal", substitute the words and figures "along with his report in Form No. 88":

(b) in sub-rule (3),-

(i) for the words "registered under the Act", substitute the words and figures "registered under the Companies Act, 1956", and

(2) after FORM 87, insert the following form :-

"FORM 88

[See rule 44(2) and rule 44(3)]

PART - A

Audit Report under section 30E of the West Bengal Value Added Tax Act, 2003 in a case where the accounts of the business have been audited under any other law.

(1) "I/we report that the statutory audit of __________ (mention name and address of the dealer) holding Tax Identification No. __________ under the West Bengal Value Added Tax Act, 2003 and again Tax Identification No. ________ under the Central Sales Tax Act, 1956, was conducted by *me/us _________ Chartered Accountants in pursuance of the provisions of the Act and rules framed thereunder and we hereto annex a copy of *my/our audit report dated _________ along with all the annexures and a copy each of _________

(a) The audited Profit and Loss Account for the year ended __________ ;

(b) The audited Balance Sheet as on __________ ; and

(2) The statement of particulars as required to be furnished under section 30E of the West Bengal Value Added Tax Act, 2003 and rule *44(2) / 44(3) of the West Bengal Value Added Tax Rules, 2005 are given in PART-B hereof and in the annexures (say A-1, A-2 etc.) Thereto.

(3) In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in said PART-B hereof and the annexures thereto are turn and correct subject to the note(s) given below, if any :-

(i) .............................................................................................................

(ii) .............................................................................................................

(iii) .............................................................................................................

(iv) .............................................................................................................

(v) .............................................................................................................

(vi) .............................................................................................................

(vii) .............................................................................................................

(viii) .............................................................................................................

(ix) .............................................................................................................

(x) .............................................................................................................

(xi) .............................................................................................................

Place :	........................................
	For .................................................
Date :	CHARTERED ACCOUNTANT
	(Name)
	(Proprietor/Partner)
	Membership No. ............................
	Address ..........................................

PART - B

Statement of Particulars required to be furnished under section 30E of the West Bengal Value Added Tax Act, 2003.

1	Name of the dealer		:
2	Address (principal place of business)		:
3	Tax Identification No. Under the Act and under the Central Sales Tax Act, 1956		:
4	Constitution of the firm		:
5	(a) Income Tax PAN		:
	(b) Central Excise Registration No.		:
	(c) Service Tax Registration No.		:
6	Period under audit		:
7	Address of all branches and manufacturing units within the State		:
8	Address of all branches and manufacturing units outside the State		:
9	Nature of business-resale / manufacture / importer / exporter / works contractor / lessor / others (please specify)		:
10	Classes of main goods dealt with by the dealer		:
11	Change in the nature of business, if any, during the year (The brief particulars of such change i.e. New products, new capacities etc. is go given)		:
12	Changes in the constitution during the year (The brief particulars of such change is to given)		:
13	(a) Books of account maintained (In case books of account are maintained in a computer system, mention the books of account generated by such computer system)		:
	(b) List of books of account examined		:
	(c) Method of accounting followed and brief particulars of change, if any		:
	(d) Method of valuation of stock and brief particulars of change, if any		:
14	Particulars of all operating Bank Accounts (Within and outside the State)		:
	Name of Bank	Branch	Account No.
	-------------------	-------------------	-------------------

Turnover as per books of accounts

Rs.

(A) Gross sales including rentals/installment/receivables accrued during the year for transfer of right to use goods, delivery of goods on hire purchase, works contract, etc.
(B) Less : (i) Sales price goods, tax on which has been paid on MRP u/s 16(4) at the time of purchase or on an earlier occasion. (ii) Sales return within six months from the date of sale. (iii) Tax under the Act included in (A) above, if any. (iv) Aggregate amount received or receivable in respect of works contract to be treated as contractual transfer price under the Act, if any.
(C) Turnover of sales (A) - (B)
(D) Less : (i) Sales exempt from tax u/s 21. (ii) Sales within the meaning of section 3 of the Central Sales Tax Act, 1956. (iii) Sales in the course of *export/import, last sale preceding export within the meaning of section 5 of the Central Sales Tax Act, 1956. (iv) Sales which are zero-rated u/s 21A(1). (v) Sales through auctioneer or agent u/s 16(1)(c) read with rule 27(1)/ (vi) Other sales (please specify) u/s 16(1)(c).
(E) Turnover of sales on which tax is payable (C) - (D).

16. Determination of output tax.

Sl. No	Broad group of commodity/major commodity	Turnover (Rs.)	MRP (Rs.), if applicable, u/s 16(4)	Tax rate	Output tax (Rs.)
(A)	(B)	(C)	(D)	(E)	(F)



	Total

17. Aggregate amount received or receivable in respect of works contract as per books of account.

Rs.

(A) Aggregate amount received or receivable in respect of works contract excluding tax under the Act [i.e. Contractual transfer price as defined in section 2(10)].

(B) Deductions :

(i) Contractual transfer price of tax free goods [Sec. 18(2)(a)].

(ii) Charges towards labour, service and other like charges [Sec. *18(2)(b)/18(3)].

[As per Annexure to be enclosed].

(iii) Amounts paid to sub-contractors [Sec. 18(2)(c)].

(iv) Other contractual transfer prices as prescribed in the rules

[Sec 18(2)(d)].

18. Break-up of taxable contractual transfer price as arrived at item 17(C).

	Taxable amount (Rs.)	Output tax (Rs.)
	A	A
(i) Taxable contractual transfer price, taxable at the rate of 4%.
(ii) Taxable contractual transfer price, taxable at the rate of 12.5%.
Total

19. Determination of input tax credit or input tax rebate (i.e. I.T.C.) On ** inputs.

Sl. No	Broad group of input/major input.	Use (Rs.)	Amount of purchase (Rs.)	Applicable tax rate (in%)	I.T.C. claimed (Rs.)
(A)	(B)	(C)	(D)	(E)	(F)



	Total

20. An annexure containing list of dealer from whom total purchases within West Bengal during the year exceeded rupees one lakh may be given in the following format.

Sl. No.	Name of the dealer from whom goods were purchased	VAT Regn. No.	Total purchases during the year (Rs.)	Major group of commodity	Total tax paid (Rs.)

Subject to the Note given PART-A of the audit report, it is certified -

(i) that the turnover of sales as given in item 15(C) & 15(E) *and/or taxable contractual transfer price as given in item 17(C) are *in agreement/not in agreement with the turnover of sales * and/or taxable contractual transfer price as disclosed in the returns. [A reconciliation statement showing the reasons for disagreement, if any, is to be enclosed];

(ii) that *branch transfer/stock transfer outside the State during the year was Rs. ............... And declaration(s) in Form F *have/have not been received in full for the same. [Details of cases where such forms have not been received are to be enclosed];

(iii) that sales in the course of inter-State trade or commerce, within the meaning of section 3(a) of the Central Sales Tax Act, 1956 during the year as Rs. ........................, and declaration(s) in Form C *have/have not been received in full for the same. [Details of cases where such forms have not been received are to be enclosed];

(iv) that sales in the course of inter-State trade or commerce, within the meaning of section 3(b) of the Central Sales Tax Act, 1956, during the year was Rs. ..........., and declaration(s) in Form C and the relevant certificate(s) in Form E-1/E-2 *have/have not been received in full for the same. [Details of cases where such forms have not been received are to be enclosed];

(v) that no input tax credit or input tax rebate has been claimed on invoices other than tax invoices in respect of purchases made from registered dealers within the State of West Bengal;

(vi) that no input tax credit or input tax rebate has been claimed on tax payable under section 12, without any cash memo, invoices or bills;

(vii) that no input tax credit or input tax rebate has been claimed on capital goods, which were not capitalized during the year;

(viii) that no input tax credit or input tax rebate has been claimed on goods or purchases as specified in the negative list;

(ix) that no payment in *cash/bearer cheque has been made to any supplier during a day in excess of rupees twenty thousand [refer to rule 19(8)];

(x) that dealer has maintained books of accounts in accordance with the provisions of section 63 read with rule 87;

(xi) that during the year input tax credit to the extent of Rs. ...........(rupees ....................) have been reversed, and the amount shown in item 19(F) is *including/excluding such reversal amount.

	....................
	For ...................
	CHARTERED ACCOUNTANT
	(Name)
	(Proprietor/Partner)
	Membership No. ............
	Address ..................

Note -

*Strike out which ever is not applicable.

The total turnover in item 16(C) shall tally with the turnover of sales as shown in item 15(E).

In case of any change in tax rate during the year, bifurcated turnover and output tax shall be given in item 16(C) and item 16 (F).

MRP in item 16(D) means maximum retail price and is applicable only for dealers paying tax under section 16(4).

In item 19 (C), for example, where goods are used as raw materials, simply write raw materials, where it is used as capital goods, write capital goods, where it is used for resale, write resale, and so on.

** Inputs means-

(i) in case of a manufacturer-raw materials, consumable stores, packing materials and capital goods required for the purpose of manufacturing goods;

(ii) in case of a reseller-the goods he resells together with the packing materials and capital goods; and

(iii) in case of a works contractor- the goods to be used in the execution of works contract and capital goods. [Refer to section 2(5)(a), section 2(6) and section 22].".

2. This notification shall be deemed to have come into force with effect from the 1st day of April, 2005.

	By order of the Governor,
	N. C. BASAK,
	Asst. Secy. To the Govt. of West Bengal.